UPENDRA CHUGH Vs. MALKIAT SINGH

JUDGEMENT

(1.) This appeal is with regard to an Award dated 7th July, 1987 passed by the Motor Accidents Claims Tribunal ("the Tribunal" for short) awarding compensation for the death of Dr. R.N. Chugh, Dr. (Mrs.) Sarojini Chugh, Master Shailender Chugh (their minor son) and for serious injuries to Miss Shobha Chugh, (their minor daughter). The claim is for enhancement of the awarded compensation.

(2.) On 5th March, 1977, a horrific accident took place between a truck driven by Wasan Singh (since deceased) and a car driven by Dr. R.N. Chugh. The truck was owned by Malkiat Singh (Respondent No.1) and insured with New India Assurance Co. Ltd. (Respondent No.2). In the accident, Dr. R.N. Chugh and his wife Dr. (Mrs.) Sarojni Chugh and their minor son Master Shailender Chugh died. Their daughter Ms. Shobha Chugh, who was about 13 years of age at that time, received grievous injuries on her head and other parts of her body. As a result of the injuries, she is facially permanently scarred, her memory was affected and her concentration impaired. Consequently, she had to drop out of school. Today, she is said to be a spinster of about 39 years of age who needs constant looking after.

(3.) Upendra Chugh, the oldest child of Dr. and Mrs. R.N. Chugh, was not travelling in the car and was fortunately not involved in the accident. He and Shobha Chugh filed Suit No.409/1977 (resulting in FAO No.41/1988) claiming compensation of Rs.5,00,000/- for the death of their father. The learned M.A.C.T. awarded compensation of Rs.1,32,000/-. Suit No.410/1977 was filed by Upendra Chugh and Shobha Chugh (resulting in F.A.O. No.43/1988) claiming compensation of Rs. 1,00,000/- for death of their brother. The learned M.A.C.T. awarded a sum of Rs.35,000/-. Suit No.411/1977 was filed by Upendra Chugh and Shobha Chugh (resulting in F.A.O. No.42/1988) claiming compensation of Rs.4,00,000/- for the death of their mother. The learned M.A.C.T. awarded a sum of Rs.1,32,400/-. Suit No.412/1977 was filed by Shobha Chugh (resulting in F.A.O. No.44/1988) claiming compensation of Rs.1,00,000/- for injuries suffered by her. The learned M.A.C.T. awarded a sum of Rs.50,000/-.